Editor:
In the January issue of the Journal, the article, “The Involuntary Medication of Jared Loughner and Pretrial Detainees in Nonmedical Correctional Facilities”1 contained a misstatement on page 103. Citing Vitek v. Jones,2 I stated: “A court hearing with specified due process protection is therefore required before such a transfer can be constitutionally effected.” The Supreme Court in its Vitek opinion required minimum due process procedures, including, among others, an adversarial hearing and an independent decision-maker, but the holding did not require a court hearing.
Footnotes
Disclosures of financial or other potential conflicts of interest: None.
- © 2012 American Academy of Psychiatry and the Law
References
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